Section 1: Jurisdiction

The Committee on Student Discipline and Grievance of the Gallatin School of Individualized Study (hereafter the Committee) has jurisdiction over disciplinary and grievance matters concerning Gallatin undergraduates and graduate students. This jurisdiction may include, without limitation, the following:

a) Violations of the Statement on Academic Integrity and Student Conduct.

b) Violations of University policies and procedures.

c) Violations of federal, state or local laws.

d) Grievances concerning final grades.

Disciplinary violations may include, without limitation, the following:

c) Violation of library rules including without limitation the rules on borrowing, treatment of books and archival materials, and conduct;

d) Violation of rules and policies related to the use of computer resources;

e) Interference with access to academic facilities or offices;

f) Physical or other interference with or harassment of others, especially students, faculty, staff or administrators attempting to perform their official duties.

If there are questions of jurisdiction in any particular case, they shall be referred for decision to the Office of Legal Counsel of the University.

Section 2: Authority

The adjudication of student discipline and grievance is the responsibility of the faculty of the Gallatin School of Individualized Study. In the exercise of this authority, the faculty hereby delegates its authority to the Committee acting pursuant to rules and regulations hereby prescribed, or as subsequently amended. Nothing herein prescribed, however, shall prevent the Dean, or in the absence of the Dean the Associate Dean of Faculty and Academic Affairs (hereafter Associate Dean of Faculty), from summarily suspending a student for reasons relating to her physical and emotional safety and well-being, the safety and well-being of students, faculty, staff and administrators of the University or of University property, the maintenance of public order, or the effective continuation of the education process. The student thus suspended shall be given an opportunity for an expedited hearing by the Committee in accordance with Bylaw 62 of the Charter and Bylaws of New York University, viz.: “The power of suspending or dismissing a student in any college or school is lodged with the voting faculty of that college or school, but the President and Chancellor or the dean of a college or school, or their respective representatives, may suspend a student pending the consideration of his or her case by his or her faculty. The Senate shall have power to act in situations involving more than one school.”[1]

Section 3: Composition of the Committee

Disciplinary and Grievance Committee: The membership of the Committee shall consist of three full-time members of the Gallatin faculty and two students, one an undergraduate and one a graduate student.

a) The Chairperson of the Committee will be the Chairperson of the Advisement & Policies Committee (A&P).

b) The remaining two faculty members of the Committee shall be selected by and from among the Advisement & Policies Committee of the Gallatin faculty by majority vote at the beginning of each academic year. Faculty members of the Committee will serve for two years, or until their terms in A&P ends, whichever comes first. Faculty members of the Committee will be eligible for reelection at the ends of their terms.

c) The student members of the Committee shall be appointed by the Associate Dean of Students at the beginning of each academic year. Each student member will serve a term of one year, and will be eligible for reappointment at the expiration of that term (so long as she will continue to be a matriculated student for the duration of that academic year).

Winter/Summer Proceedings: In the event that the Committee is called to convene during the winter or summer sessions, and should any of the original members – faculty or student – be unavailable, the Associate Dean of Faculty may appoint ad hoc members of the faculty and student body, to replace any unavailable member, and to serve for the duration of the case(s) under review. Appointed ad hoc members should agree to be available for the semester following the winter/summer session in the event proceedings extend accordingly. In the event new cases emerge while ad hoc winter/summer committees are convened beyond the winter/summer session, the new cases shall be overseen by the formally constituted standing Committee, even if these members are also part of the ad hoc committee.

Disciplinary Appeals Panel: Once the Committee is constituted each fall, the Dean will appoint an Appeals Panel which will hear appeals to the decisions of the Committee concerning disciplinary cases. The Appeals panel shall consist of three members, none of whom may serve on the Disciplinary and Grievance Committee: the Associate Dean of Faculty and Academic Affairs, the Chair of the Curriculum Committee, and the Graduate Program Director.

Conflicts of Interest: In the event that members of either the Committee or the Appeals Panel are or have in the past been a complainant against a student undergoing the disciplinary review process, they should recuse themselves (as they may be called upon as witnesses). In that case, the Chairperson or the Associate Dean of Faculty, will name an ad-hoc member of the Committee (drawn from A&P) or the Panel.

Section 4: Procedure for Student Grading Grievances

a) COMPLAINT: In the case where a student believes that an error has been made in calculating a grade in a Gallatin course, the student should first consult with the instructor who assigned the grade to discuss the grading requirements for the course and how the grade was determined. If the student wishes to appeal the grade further, a formal written appeal should be submitted to the Associate Dean of Students. In all cases, students are expected to act within the semester following the course to appeal a grade since faculty may not be available to review a complaint in future semesters or years. For fall and January term courses, students must appeal no later than the following spring. For spring and summer courses, students must appeal no later than the following fall. Please note that since transcripts cannot be altered for any reason after a student has graduated, it is not possible to appeal a grade after graduation.

b) REVIEW: Upon receipt of a formal complaint, the Associate Dean of Students will attempt to mediate a resolution between student and instructor. This mediation may involve private discussion with both the instructor and student separately, or meeting with both parties together. If the Associate Dean is unable to mediate a resolution of the grievance, an independent review of the grade will be undertaken by the Committee. All of the student’s work will be reviewed to clarify how the grade was determined and to ensure that the instructor’s grading for the course has been consistent.

c) GROUNDS: The Committee will normally rule only on matters of technical error (calculating the grade incorrectly, etc.) or unfairness (the instructor has applied inconsistent standards to this student, etc.). The Committee is not empowered to change a grade on the grounds of an assessment of the quality of the student's work that is different from that of the instructor.

d) APPEALS: If a case goes to the Committee for a review, all parties agree that the decision of the Committee in matters related to a Gallatin course grade is final.

Section 5: Procedure for Student Discipline

a) NOTICE: A faculty member who suspects a student of plagiarism, cheating, or another academic integrity violation must report the incident to the Associate Dean of Students, who will determine whether a previous complaint against that student exists. If there is no prior report, the Associate Dean may counsel the faculty member to resolve the matter independently with the student to advise her on the conventions and expectations of academic integrity, as pertinent, to come to a mutual agreement on the facts and, if warranted, on a penalty (e.g., failure for an exam, paper, or assignment, failure for the course). The faculty member may also present the evidence of suspected cheating, plagiarism, or other violation to the Associate Dean of Students for consultation. If the matter is resolved between the faculty member and the student, the faculty member will submit a report on the incident to the Associate Dean of Students, who will place it in the student’s file. The Associate Dean of Students will notify the student within fifteen days of initial notice that a record has been included in her file, and a that a second charge will trigger a formal disciplinary review. The Associate Dean of Students will keep a record of reported instances of academic integrity violations.

b) COMPLAINT: If the faculty member and student cannot reach agreement on the facts and penalty, or if the faculty member and Associate Dean of Students believe that the violation is of sufficient gravity to warrant more official treatment, the faculty member will submit a formal, written complaint to the Committee Chairperson. In all cases, a second charge will automatically trigger a formal review. Moreover, any member of the faculty, staff, administration or student body may file with the Committee a complaint against a student alleging a violation of Gallatin’s Statement on Academic Integrity and Student Conduct, of the University Policies and Procedures, or of federal, state or local laws. The complaint must be in writing, setting forth briefly the nature of the alleged disciplinary infraction and the nature of the evidence. A copy of the complaint will be filed with the Associate Dean of Students.

c) REVIEW: Upon receipt of a formal complaint, the Chairperson of the Committee and the Associate Dean of Students will make a preliminary investigation to determine whether or not there is sufficient evidence to warrant proceeding with a disciplinary hearing. This may include reviewing and soliciting evidence, meeting with the student, and meeting with the complainant. They also may choose to mediate the issue between the complainant and the student, reaching a mutually agreeable resolution that may include failing the assignment, failing the course, or levying any of the sanctions on Section 9. If that occurs, the Associate Dean of Students will submit a report on the incident to the student, whose signature on the report will constitute formal agreement to the terms of the resolution. The report will form part of the student’s file, and should specify that any further violation will trigger an automatic hearing. If, however, there is not sufficient evidence to warrant a hearing, the Chairperson and Associate Dean of Students will notify the complainant and the student, and the complaint will be dismissed, with a record of the official action to remain in the student file as specified in Section 10. Any academic violation that merits consideration of suspension, dismissal, or expulsion will trigger a hearing by the full disciplinary Committee. This, however, does not preclude the Dean or Associate Dean of Faculty from summarily suspending a student, as specified in Section 2.

d) HEARING: If, on the other hand, the Chairperson and Associate Dean of Students determine that there is sufficient evidence to warrant proceeding with a disciplinary hearing, or if the student rejects the terms of a mediated resolution, the Chairperson and Associate Dean of Students will notify the student and the complainant, and then will notify the members of the Committee to meet as a hearing panel at a time and place specified to hear the evidence of the alleged infraction of discipline, as specified in Section 6. No more than one month shall pass before between notice and hearing. All members of the Committee must attend the hearing. Once a hearing has been triggered, the student’s record will be placed on Dean’s Hold, and will remain so until the process has ended or a resolution been reached.

e) The Associate Dean of Students may attempt to reach an informal resolution between the complainant and the student up until the commencement of the hearing.

Section 6: Hearings

The hearing shall be conducted according to the following procedures:

a) The Chairperson shall instruct everyone participating in the disciplinary proceeding that all testimony, evidence and all related matters shall be kept strictly confidential. The Associate Dean of Students shall be present at the hearing as witness at-large.

b) Prior to the hearing, the Chairperson will prepare the case for presentation to the hearing panel and request the presence of all witnesses for the complainant and for the student. The student has the right to a preliminary meeting with the Chairperson to review the charges and the procedures. Where the student requests that witnesses be summoned on her behalf, the student must furnish the Chairperson with the names and contact information of the witnesses with sufficient notice, in order to afford enough time to request their presence. The hearing panel may choose to limit the number of witnesses.

c) The Chairperson shall make every reasonable effort to notify the student of the hearing, to find a mutually agreeable time to hold the hearing, and then to encourage the student to appear at the preliminary meeting, and to appear at the scheduled hearing.However, in the event a student fails to respond to these efforts, the disciplinary hearing will take place at a scheduled time and place convenient for the committee members. A student may choose to exercise her rights, as she may choose not to.

d) Once the hearing begins, the entire proceeding is recorded. If the charges are ultimately sustained in whole or in part, the recording shall be forwarded to the Secretary of the University until any appeals process is complete. If the charges are not sustained, the recording shall be destroyed.

e) At the commencement of the hearing, the Chairperson shall read the charge in the presence of the student and the panel, and request whether the student admits or does not admit to the charges. If the student does not admit to the charges, it is not to be construed to be more than a demand on the part of the student that the case be proven against her, and no implication as to the veracity of the student may be inferred from her failure to admit to the charges. In the conduct of the hearing, the Chairperson will rule on all questions of relevancy of the evidence; she may elect to call for a vote of the whole panel on specific questions of relevancy. The hearing shall not be governed by formal rules of evidence; statements or documents that would be inadmissible in a court of law may be admitted by the Committee.

f) The hearing is an administrative procedure of a summary character. If the student exercises the right to be accompanied by counsel, the Committee must be notified at least fifteen days in advance of the hearing so that it can draw on NYU Counsel.

g) The Chairperson and the panel shall conduct the examination of any witnesses and the student may also call and examine witnesses. The hearing panel shall control the conduct of the hearing proceedings.

h) When the hearing is concluded, the hearing panel shall meet in closed session and shall vote, first on the question of whether the student has committed the alleged disciplinary infraction. If the decision is affirmative, the panel shall then decide on a sanction or punishment (see Section 9). In both cases, a majority vote of the members of the Committee shall constitute a valid decision of the hearing panel.

i) The Chairperson shall, as soon after the hearing as possible, prepare a report of the hearing and forward it to the Dean. The report shall include: the date, time and place of the hearing; the names of all persons present at the hearing; a short statement of the charges against the student; confirmation that the student was notified of the allegations and given an opportunity to respond; a summary of the findings of fact and conclusions made by the hearing panel; a statement of the decision of the hearing panel; a statement of the penalty imposed by the Committee.

j) The Dean shall promptly communicate the hearing panel's findings to the student to the contact information provided by the student at the hearing or the address on the student's permanent student record. Moreover, the Dean shall ensure that the Committee's report is included in the student's permanent record, unless the committee’s finding is for exoneration, in which case the file will be expunged from the student’s record.

Section 7: Rights of the Student

In the course of these disciplinary proceedings, the student has the right:

a) to be informed in writing of the charges against her and the name of the complainant;

b) to meet with the Chairperson before the hearing to review all charges and procedures;

c) to be confronted in open hearing with the complainant and all witnesses, as well as the right to question each witness before the hearing panel;

d) to have the hearing panel request the presence of a reasonable number of witnesses on her behalf; the panel is not empowered to compel the attendance of witnesses;

e) to consult with an advisor of her choosing, who may be an eligible faculty member of the Gallatin School or the University, to assist her in the preparation of the defense, if the faculty member consents to act in that role; no member of the Committee, Dean, Associate Dean, or Director of Academic and Student Affairs may serve as an advisor in this capacity.

Section 8: Appeals

A student who wishes to appeal the decision of the Committee shall follow these procedures:

a) The student must submit a written Notice of Appeal, setting forth the grounds for the appeal, to the Chairperson of the Committee within fifteen calendar days after receipt of the Dean's notification of the panel's decision. The Notice of Appeal may be accompanied by additional materials in support of the student's case.

b) A decision of the hearing panel may be appealed only for the following reasons: any evidence of a material nature and/or witnesses unavailable at the time of the original hearing and now available which might have affected the hearing panel's decision at that time; any procedural irregularity in the conduct of the hearing which was material and prejudicial to the student.

c) An appeal will be heard by the Appeals Panel as constituted in Section 3. One of the faculty members on the panel shall serve as Chairperson. The panel will hear evidence and/or arguments of irregularities and review the record of the initial determination, including the recorded transcript of the original hearing. The Appeals Panel, after hearing all the evidence and arguments, shall determine by majority vote whether to uphold or reverse the original decision. If the panel supports that decision, the sanctions remain in force. If it determines that the decision was made without the Committee's hearing significant evidence, or that there were procedural irregularities, then the Appeals Panel shall remand the matter back to the Committee for further hearings. The Appeals Panel shall not conduct a new hearing or determine whether or not the student has committed the alleged disciplinary infraction.

d) Pending appeals to the Appeals Panel, the judgment of the Committee which heard the case in the first instance will be in effect. In any case in which a sanction of suspension, dismissal or expulsion has been imposed, the student may include in the Notice of Appeal a request to be permitted to attend classes while the appeal is pending; this request shall be acted upon promptly by the Chairperson of the Committee. If the Chairperson grants the request, it will be stipulated that while all course work can be completed, no course credits can be given if the original decision is upheld.

Section 9: Disciplinary Sanctions

The Committee decision may include any one or more of the following disciplinary sanctions:

a) Warning: notice to the student, orally or in writing, that continuation or repetition of the conduct found wrongful, or participation in similar conduct, shall be a cause for further disciplinary action.

b) Censure: written reprimand for violation of a specified regulation, including the possibility of more severe disciplinary sanction in the event of conviction for another violation of a University regulation within a period of time stated in the reprimand;

c) Disciplinary Probation: exclusion from participation in privileges or extracurricular University activities as set forth in the notice of disciplinary probation for a specified period of time; notification that a more severe disciplinary sanction may be imposed if the student commits a second disciplinary offense while on disciplinary probation;

d) Restitution: reimbursement for damage to or misappropriation of property; reimbursement may take the form of appropriate service to repair or otherwise compensate for damages;

e) Suspension: exclusion from classes and other privileges or extracurricular activities as set forth in the notice of suspension for a definite period of time;

f) Dismissal: termination of student status for an indefinite period; the conditions for readmission, if any are permitted, shall be stated by the Committee in the order of dismissal;

g) Expulsion: permanent termination of a student's status.

If, as a result of any disciplinary action, the withdrawal of a student is required before the end of the term for which tuition has been paid, a refund will be made according to the standard refund schedule.

Section 10: Record Keeping

The records, files and recordings of all disciplinary cases and proceedings shall be kept and maintained by the Associate Dean of Students.

Student File: The Associate Dean of Students will maintain a file of suspected incidents of plagiarism, cheating or other academic infractions. If, upon the student's graduation from NYU, no additional reports or complaints have reached the Associate Dean of Students, those files will be destroyed.

Permanent File: If a disciplinary infraction has been determined, documentation will become permanent. The Associate Dean of Students will keep and maintain such records until all appeals have been completed or the time for appeal has expired; if the student has been suspended for a specified period of time, the Associate Dean of Students will keep the records until that period has ended; if the student has been dismissed for an indefinite period under specified conditions for readmission, the records will be kept indefinitely. Only the Committee's final summary report will be kept indefinitely in the student's permanent file.